Expunging a Criminal Record
Reviewed by DocDraft Legal Team · United States · Last updated August 19, 2026
Clearing a criminal record in the United States is almost entirely a matter of state law, and there is no general federal statute that expunges state convictions. Depending on the state, the relief may be called expungement, sealing, set-aside, dismissal, or automatic clean-slate sealing, and each has a different legal effect. Eligibility, the waiting period after a conviction or completion of a sentence, and which offenses are permanently excluded vary sharply from state to state. This national guide explains the general framework, the narrow federal set-aside for first-offense simple drug possession under 18 U.S.C. 3607, and how background-check reporting is limited by the Fair Credit Reporting Act. For the rules that actually govern your case, use your state's guide.
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What does it mean to expunge a criminal record?
Expungement is a court process that clears an arrest, charge, or conviction so it no longer appears in most public records. It differs from sealing, which hides a record from public view, and from a set-aside or dismissal, which vacates a conviction but may leave it visible to some agencies. The exact effect depends on your state's law.
Is clearing a criminal record a federal or a state matter?
It is almost entirely state law. There is no general federal statute that expunges state convictions, and the terminology varies by state. Federal courts can expunge or set aside only certain federal matters, such as a first-offense simple drug possession under 18 U.S.C. 3607. To clear a state record, you must use that state's own procedure.
Who is generally eligible to clear a criminal record?
Non-convictions such as arrests without charges, dismissals, and acquittals are the easiest to clear in most states. Many misdemeanors and some lower-level felonies qualify after a waiting period that runs for years from the conviction or completion of the sentence. Serious or violent felonies, most sex offenses, and often DUIs are commonly excluded. Rules vary widely by state.
What is automatic clean-slate sealing?
Clean-slate laws direct the state to seal eligible records automatically, without the person filing a petition, once a set waiting period passes with no new offenses. A growing number of states, including Pennsylvania, Michigan, New Jersey, California, and Connecticut, have enacted some form of it. The eligible offenses, waiting periods, and effective dates differ in each state.
How Record-Clearing Varies by State
There is no single national procedure for clearing a criminal record, and the differences between states are substantial. The relief itself goes by different names with different legal effects: some states offer true expungement that destroys or removes the record, others offer sealing that hides it from public view, and others offer a set-aside or dismissal that vacates the conviction but leaves it visible to law enforcement, licensing boards, and immigration authorities. Eligibility diverges just as sharply. A minor misdemeanor may be clearable after a short waiting period in one state and permanently ineligible in another, while categories such as serious or violent felonies, sex offenses, and many DUIs are commonly excluded everywhere. Waiting periods, measured in years from the conviction or from completion of the sentence, range widely by offense class. A growing group of states, including Pennsylvania, Michigan, New Jersey, California, and Connecticut, now seal some eligible records automatically under clean-slate laws, while many other states remain petition-only, requiring the person to file in court. Because naming the wrong mechanism or misjudging eligibility can waste a filing fee or create false hope, confirm the rules on your own state's guide before you act.
Relevant Laws
No general federal expungement of state records
There is no federal statute that expunges state convictions or provides a nationwide expungement remedy. Record-clearing of state offenses is governed entirely by each state's own expungement, sealing, and set-aside laws, which set the eligible offenses, waiting periods, and procedures. Federal courts can clear only certain federal matters.
18 U.S.C. 3607 - Federal set-aside and expungement for drug possessors
This narrow federal statute lets a first-time offender charged with simple drug possession under 21 U.S.C. 844 be placed on probation without a judgment of conviction, then have the case dismissed. A person under 21 at the time of the offense can obtain an expungement order removing the arrest and proceedings from public records.
Fair Credit Reporting Act (15 U.S.C. 1681c) - background-check limits
The FCRA limits how long consumer reporting agencies may report adverse information. Arrests that did not lead to conviction and other adverse items generally cannot be reported after seven years, which restricts what appears on many employment and tenant background checks even before a record is formally expunged or sealed.
State statutes govern record-clearing (examples)
Each state defines its own relief by statute, including whether records are expunged, sealed, or set aside and whether clean-slate sealing is automatic. Pennsylvania's Clean Slate Act and Michigan's automatic set-aside law are two examples of state-level automatic relief. Check your state's guide for the controlling statute and its exact terms.
Regional Variances
Relief type and clean-slate status by state type
States offering true expungement
Some states provide expungement that destroys or removes the record from public systems so it can be treated as if it never occurred for most purposes. The scope still varies, and law enforcement or licensing access may remain. The eligible offenses and waiting periods are set by each state's statute, so confirm the specific terms on your state's guide.
States offering sealing rather than erasure
Many states seal records instead of destroying them, meaning the record continues to exist but is hidden from public view and most background checks. Sealed records commonly remain accessible to law enforcement, the courts, and certain licensing agencies. Because a seal is not a full erasure, readers should not assume a sealed record is invisible to every agency.
States using set-aside or dismissal
Some states vacate a conviction through a set-aside or dismissal, which changes the disposition but can leave the underlying record visible to some agencies and on some background checks. This form of relief may restore certain rights or allow the person to state the conviction was dismissed, without removing the record entirely. The legal effect is defined by state statute.
Automatic clean-slate states
A growing group of states, including Pennsylvania, Michigan, New Jersey, California, and Connecticut, seal eligible records automatically once a waiting period passes without a new offense, with no petition required. The eligible offenses, waiting periods, and effective dates differ in each state, and serious offenses are typically excluded from automatic relief.
Petition-only states
Many states have not adopted automatic clean-slate sealing and require the person to file a petition in court, serve the prosecutor, and sometimes attend a hearing before any record is cleared. In these states the process depends on the individual coming forward, and eligible records are not cleared automatically no matter how much time passes.
Suggested Compliance Checklist
Confirm eligibility under your state's law
Before you prepare anything days after startingIdentify your state's expungement, sealing, or set-aside statute and confirm your offense class qualifies, that no exclusion applies, and that the waiting period has passed. Because there is no general federal expungement of state records, the controlling rules are your state's. An attorney can help if your eligibility is unclear.
Obtain your criminal history or RAP sheet
Early, before drafting the petition days after startingRequest your official criminal history record from your state's central repository, usually the state police or department of justice, so you can verify the case numbers, courts, and dispositions you will need. This also lets you catch errors before you rely on the record in a petition.
Prepare the correct petition
After confirming eligibility days after startingObtain the correct petition or form for the specific relief your state provides from the judicial branch or court self-help resources, and complete it accurately using the details from your criminal history record. Match the form to the exact type of relief and offense class, since the wrong form can lead to rejection.
File in the correct court and serve the prosecutor
By any statutory deadline days after startingFile the petition in the court that handled the original case and pay the fee or request a fee waiver, then serve the prosecutor or district attorney, and any required victim, so they can respond within the statutory window. Attend any scheduled hearing prepared to show you meet every requirement.
Follow up with the state repository
After the order is signed days after startingConfirm the signed order reaches the state central repository and the arresting agency so the record is actually updated, and keep a certified copy. Remember that the relief is not always a full erasure, and law enforcement, licensing boards, and immigration authorities may still see the record.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm eligibility under your state's law | Identify your state's expungement, sealing, or set-aside statute and confirm your offense class qualifies, that no exclusion applies, and that the waiting period has passed. Because there is no general federal expungement of state records, the controlling rules are your state's. An attorney can help if your eligibility is unclear. | - | Before you prepare anything |
| Obtain your criminal history or RAP sheet | Request your official criminal history record from your state's central repository, usually the state police or department of justice, so you can verify the case numbers, courts, and dispositions you will need. This also lets you catch errors before you rely on the record in a petition. | - | Early, before drafting the petition |
| Prepare the correct petition | Obtain the correct petition or form for the specific relief your state provides from the judicial branch or court self-help resources, and complete it accurately using the details from your criminal history record. Match the form to the exact type of relief and offense class, since the wrong form can lead to rejection. | - | After confirming eligibility |
| File in the correct court and serve the prosecutor | File the petition in the court that handled the original case and pay the fee or request a fee waiver, then serve the prosecutor or district attorney, and any required victim, so they can respond within the statutory window. Attend any scheduled hearing prepared to show you meet every requirement. | - | By any statutory deadline |
| Follow up with the state repository | Confirm the signed order reaches the state central repository and the arresting agency so the record is actually updated, and keep a certified copy. Remember that the relief is not always a full erasure, and law enforcement, licensing boards, and immigration authorities may still see the record. | - | After the order is signed |
Frequently Asked Questions
Expungement generally means the record is destroyed or removed so it no longer exists in most systems, while sealing means the record still exists but is hidden from public view and most background checks. Sealed records can often still be reached by law enforcement, courts, and certain licensing agencies. Which term applies, and its exact legal effect, is defined by each state's statute.
There is no general federal statute that expunges state convictions, and only a narrow federal remedy exists for federal cases. Under 18 U.S.C. 3607, a first-time offender placed on special probation for simple drug possession can have the case dismissed without a conviction, and a person under 21 at the time can get an expungement order. Some federal arrests can also be expunged in limited circumstances.
It depends on the relief and the state. A properly expunged record should not appear on most private employment background checks, but sealed or set-aside records, and even expunged ones in some states, can still be visible to law enforcement, the courts, professional licensing boards, and immigration authorities. Expungement is rarely a complete erasure, so confirm the exact scope under your state's law.
In many states, once a conviction is expunged or sealed you may lawfully answer that you have not been convicted for most private employment purposes, which is a central benefit of the relief. Exceptions are common for law enforcement jobs, certain licensed professions, and government positions, and the wording of the state statute controls. Confirm your state's rule before relying on it.
Timelines vary widely by state and court. After you file, an uncontested petition may be granted in a few weeks to a few months, while contested cases or busy courts can take longer. Automatic clean-slate sealing happens without a filing but on the state's own schedule. Even after an order is signed, it can take additional weeks for the state repository to update the record.
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